STF keeps prison after decision of appeal

By 6 votes to 5, the Court confirmed the understanding in a trial that should have binding effect for the entire country of judges.

06/10/2016 10h25 - Updated 6/10/2016 10h25

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The Supreme Court ruled on Wednesday, 5, maintain the possibility of execution of sentences - like prison - after a conviction for second degree and Justice, therefore, before the exhaustion of all resources. By 6 votes to 5, the Court confirmed the understanding in a trial that should have binding effect for the entire country of judges.

Minister Marco Aurelio Mello said that the Court was deciding on the precautionary, not on the merits of the actions. In practice, However, all the ministers discussed the issue of merit. In February, most Supreme members had already positioned this way, changing case law adopted since 2009 no Country. The decision, However, It was on a case.

of 11 ministers who make up the Court, six voted for the possibility of the sentence before the exhaustion of all resources. Another five were against the sentence before the so-called res judicata - end of criminal proceedings.

The only change was to vote Dias Toffoli. In February, he was with the majority to allow the execution of prison after the second instance. Yesterday, However, he accompanied the side contrary to the decision taken by the Supreme and suggested that the sentence begin after a decision of the Superior Court of Justice (STJ).

Voting for the early execution of the sentence ministers Luiz Edson Fachin, Luís Roberto Barroso, Teori Zavascki, Luiz Fux, Gilmar Mendes and the president of the Supreme, Carmen Lucia. Ministers reaffirmed that the prison after the trial in the second instance it is important to address the slow pace of justice, the feeling of impunity and prevent a large resources to be used to delay the start of the sentence.

In his opinion, Barroso said the previous court system frustrated the sense of justice of the people and encouraged the commission of crimes. "Whenever there is a degree above the other will be some kind of reform, because people think differently. "

Minister Gilmar Mendes said that "practically not known in the civilized world a country that requires the final judgment" for condemnation.

The trial was accompanied in full Court by a claque of criminal lawyers - largely acts to businessmen or politicians in Operation Lava Jato. The Supreme Court's earlier year generated wide reaction in the legal environment, which made two actions - proposed by the Bar Association of Brazil (OAB) hair and National Ecological Party (PEN) – questionassem o tema na Corte.

The prosecutor's office defended the maintenance of the Supreme Court's decision. Researchers maintain that, if the STF recant in understanding, operations such as Lava jet could be affected, since that would discourage convicted collaborate with Justice. Day before yesterday, Judge Sergio Moro said the previous system allowed serious cases from becoming "powder", due to the "delay in the pigeonholes of Justice coupled with our generous system requirements".